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(영문) 서울중앙지방법원 2017.06.09 2017고합390
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

Defendants shall be punished by imprisonment for three years.

However, from the date of the final judgment of this case, each of the above five years against the Defendants.

Reasons

Punishment of the crime

1. From around 06:35 on December 3, 2016 to 09:35 on the same day, the Defendants: (a) provided the victim I (the 20 years of age) and the game in the Gangnam-gu Seoul Metropolitan Government 'H located in G’ entertainment week 803; (b) provided the Defendant with an “stroke m” which is a mental medicine, and conspired to rape after the Defendant administered the “stroke m” which is a local mental medicine; and (c) provided the victim with an “stroke m,” who was in possession of the Defendant B in the game, provided the victim with a stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke stroke m, which is a local mental medicine.

To the extent that it does not disadvantage the defendants' exercise of their defense rights, some correction was made according to facts obtained through the examination of evidence without amendment procedures.

2. The Defendants in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape) forced the victim to take a medication at the same time and place as paragraph (1) in such a manner as to allow the victim to lose their mind by administering a stroke in the manner of “stroke m” in the same manner as paragraph (1). Defendant A exceeded the victim’s panty, and inserted the victim’s sexual organ into the victim’s sound part, and continuously inserted the victim’s sexual organ into the victim’s sound part.

Accordingly, the Defendants jointly raped the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to I (including part of the J's statement);

1. The K's statement;

1. A narcotics appraisal report, a legal and chemical appraisal report, and a gene appraisal report;

1. A statement of the offender's place and the report of 112 case;

1. Internal photographs of H amusement 803 at the time of arrest, the location of the victim at the time of damage, and photographs of drugs used by the suspect B;

1. Acts and subordinate statutes of a report on investigation (related to counseling at the coastcare center of the victim and three cases of response to a request for appraisal).

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